"      Section 1. Terms used in this Act mean:

of contributions or the making of expenditures; or has created a candidate campaign committee for the purpose of obtaining public office. The person is also deemed a candidate if the person has taken all actions required by state law to qualify for nomination for or election to public office;

of a ballot question on the ballot or the adoption or defeat of any ballot question; or

obligation, conditional or not, to repay in whole or part;

persons affiliated so as to have a claim on the assets or earnings, was not established by a corporation, and has not accepted more than de minimus amount of funds from any corporation;

     Section 3. A political committee shall file a statement of organization with the secretary of state not later than fifteen days after the date upon which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars unless such activity falls within thirty days of any statewide election in which case the statement of organization shall be filed within forty-eight hours. Any candidate for public office shall organize a candidate campaign committee not later than fifteen days after becoming a candidate and shall file a statement of organization with the secretary of state. A political committee that regularly files a campaign finance disclosure statement with the Federal Election Commission is not required to file a statement of organization. A violation of this section is a Class 2 misdemeanor.

     Section 4. A political committee may incorporate and not be subject to the provisions of section 18 of this Act if the political committee incorporates for liability purposes only. Notwithstanding the corporate status of the political committee, the treasurer of an incorporated political committee remains personally responsible for carrying out the treasurer's duties under this Act.

     Section 5. A political committee created prior to the effective date of this Act that has not filed a termination statement shall file a statement of organization with the secretary of state not later than fifteen days after this Act becomes effective. A violation of this section is a Class 2 misdemeanor.

     Section 6. The statement of organization shall include:

     Section 7. If the contributor is a person, no candidate for statewide office or the candidate's campaign committee may accept any contribution which in the aggregate exceeds four thousand dollars during any calendar year. A candidate campaign committee may accept contributions from any candidate campaign committee, political action committee, or political party. The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family. A violation of this section is a Class 1 misdemeanor.

     Section 8. If the contributor is a person, no candidate for legislative or county office or the candidate's campaign committee may accept any contribution which in the aggregate exceeds one thousand dollars during any calendar year. A candidate campaign committee may accept contributions from any candidate campaign committee, political action committee, or political party. The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family. A violation of this section is a Class 1 misdemeanor.

     Section 9. If the contributor is a person, no political action committee may accept any

contribution which in the aggregate exceeds ten thousand dollars during any calendar year. A political action committee may accept contributions from any candidate campaign committee, political action committee, or political party. A violation of this section is a Class 1 misdemeanor.

     Section 10. If the contributor is a person, no political party may accept any contribution which in the aggregate exceeds ten thousand dollars during any calendar year. A political party may accept contributions from any candidate campaign committee, political action committee, or political party. A violation of this section is a Class 1 misdemeanor.

     Section 11. No person, organization, candidate, political committee, or political party may give or accept a contribution unless the name and residence address of the contributor is made known to the person receiving the contribution. Any contribution, money, or other thing of value received by a candidate, political committee, or political party from an unknown source shall be donated to a nonprofit charitable organization. A violation of this section is a Class 2 misdemeanor.

     Section 12. No person may make a contribution in the name of another person, make a contribution in a fictitious name, make a contribution on behalf of another person, or knowingly permit another to use his or her name to make a contribution. A violation of this section is a Class 1 misdemeanor.

     Section 13. Equipment, supplies, and materials purchased with contributions are property of the political committee or political party, and are not property of the candidate or any other person.

     Section 14. The sale of any property shall be reported in the campaign finance disclosure statement. A violation of this section is a Class 1 misdemeanor.

     Section 15. Any printed material or communication made, purchased, paid for, or authorized by a candidate, political committee, or political party which expressly advocates for or against a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the statement: "Paid for by (Name of candidate, political committee, or political party)." This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. A violation of this section is a Class 1 misdemeanor.

     Section 16. Any person or qualified nonprofit corporation that makes an independent expenditure for a communication which expressly advocates for or against a candidate, public office holder, ballot question, or political party totaling five hundred dollars or more shall file a statement with the secretary of state that is received within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.

Any organization that makes an independent expenditure for a communication which expressly advocates for or against a public office holder, ballot question, or political party totaling five hundred

dollars or more shall file a statement with the secretary of state that is received within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.

The statement shall include the name of the person, qualified nonprofit corporation, or organization and its street address, city, and state, the name of each candidate, public office holder, ballot question, or political party mentioned in the communication, the amount spent on the communication, and a description of the content of the communication.

Further, if the independent expenditure is made by an organization comprised of twenty or fewer members or shareholders, the statement shall include the name and address of each shareholder or member who owns ten percent or more of the organization. A violation of this section is a Class 1 misdemeanor.

For the purposes of this section, the term, communication, does not include:

     Section 19. Any organization that makes a contribution to a ballot question committee pursuant to section 18 of this Act shall file a statement:

If any of the information required by this section is not delivered to the treasurer of the ballot question committee, the treasurer shall return the contribution. A violation of this section is a Class 1 misdemeanor.

     Section 20. The state, an agency of the state, and the governing body of a county, municipality, or other political subdivision of the state may not expend or permit the expenditure of public funds for the purpose of influencing the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not be construed to limit the freedom of speech of any officer or employee of the state or such political subdivisions in his or her personal capacity. This section does not prohibit the state, its agencies, or the governing body of any political subdivision of the state from presenting factual information solely for the purpose of educating the voters on a ballot question.

     Section 21. No candidate, political committee, or political party may accept any contribution from any state, state agency, political subdivision of the state, foreign government, Indian tribe, federal agency, or the federal government. A violation of this section is a Class 1 misdemeanor.

     Section 22. A campaign financial disclosure statement shall be filed with the secretary of state by every:

statement shall be received by the secretary of state and filed by 5:00 p.m. each February first and shall cover the contributions and expenditures for the preceding calendar year. However, no statement is required to be filed by a candidate campaign committee for legislative or county office on February first following a year in which there is not an election. A statement shall also be received by the secretary of state and filed by 5:00 p.m. on the second Friday prior to each primary and general election complete through the fifteenth day prior to that election. No county, local, or auxiliary committee of any political party qualified to participate in a primary or general election is required to file a campaign financial disclosure statement prior to a statewide primary election. No candidate without opposition in a primary election is required to file a campaign financial disclosure statement prior to a primary election. Any statement filed pursuant to this section shall be consecutive and shall cover contributions and expenditures since the last statement filed. A political committee that regularly files a campaign finance disclosure statement with the Federal Election Commission is not required to file a campaign finance disclosure statement. A violation of this section is a Class 1 misdemeanor.

     Section 23. A campaign finance disclosure statement shall be received by the secretary of state and filed by any statewide ballot question committee by 5:00 p.m. on the fifth day of July during the year in which the ballot question is to be voted on complete through the month of June. A violation of this section is a Class 1 misdemeanor.

     Section 24. A campaign finance disclosure statement shall include the following information:

     Section 26. A political committee may not dissolve until the political committee has settled all of its debts, disposed of all of its assets, and filed a termination statement.

     Section 27. Any candidate, treasurer, or other person filing a statement pursuant to this Act, shall file an amended statement within three days of discovering any omission, inaccuracy, or other change necessary to make the statement accurate. A person responsible for filing a statement pursuant to this Act, who willfully fails to report a material change or correction, is guilty of a Class 1 misdemeanor. A person responsible for filing a statement pursuant to this Act, who willfully fails

to file an amendment pursuant to this section is subject to the civil penalty in section 30 of this Act beginning on the first day following the third day after the candidate, treasurer, or other person is notified of the omission, inaccuracy, or other change necessary to make the statement accurate.

     Section 28. If any candidate campaign committee for statewide office, political action committee, ballot question committee, or political party required to file a campaign finance disclosure statement pursuant to this Act receives a contribution of five hundred dollars or more within the fourteen days immediately prior to an election for which a campaign finance disclosure statement may be filed, a supplemental statement shall be filed. The statement shall state the name, street address, city, and state of the contributor and the amount and date of the contribution, and information contained in any statement provided under section 19 of this Act, if applicable. The statement shall be filed within forty-eight hours of the receipt of the contribution. A violation of this section is a Class 1 misdemeanor.

     Section 29. The treasurer of a political committee and political party shall maintain and preserve detailed and accurate records of the following:

     Section 30. Notwithstanding the provisions of §  12-25-33, the failure to timely file any statement, amendment, or correction required by this Act subjects the treasurer responsible for filing to a civil penalty of fifty dollars per day for each day that the statement remains delinquent. The civil penalty shall be in addition to any criminal sanctions and shall be paid to the secretary of state and deposited

in the state general fund.

     Section 31. The secretary of state shall adopt forms for statements of organization and campaign finance disclosure statements. Each person filing a statement of organization or campaign finance disclosure statement shall subscribe to an oath or affirmation verifying that the contents of the statement are true and correct to the best of the knowledge and belief of the signer.

     Section 32. The secretary of state shall endorse the date of the filing on each statement filed pursuant to this Act, and shall preserve the statement among the public records of the office. However, the statement may be destroyed if the Records Destruction Board, acting pursuant to §  1- 27-19, declares the records to have no further administrative, legal, fiscal, research, or historical value.

     Section 33. No information copied, or otherwise obtained, from any statement, or copy, reproduction, or publication thereof, filed with the secretary of state, county auditor, or other person in charge of conducting the election under this Act may be sold or utilized by any person for any commercial purpose or for the purpose of soliciting contributions. Any violation of this section shall be a Class 2 misdemeanor.

     Section 34. Any person who intentionally makes any false, fraudulent, or misleading statement or entry in any statement of organization, campaign finance disclosure statement, other statement, or amendment filed pursuant to this Act is guilty a Class 5 felony.

     Section 35. The attorney general shall investigate violations of the provisions of this Act relating to a legislative office, statewide office, or statewide ballot question and prosecute any violation thereof. In lieu of bringing a criminal action, the attorney general may elect to file a civil action. In a civil action, in addition to other relief, the court may impose a civil penalty in the amount provided by statute, or if not provided, in an amount not to exceed ten thousand dollars for each violation. Any civil penalty recovered shall be paid to the state general fund. A civil action brought by the attorney general shall be commenced in Hughes County, in the county where the person resides, or in the county where the organization, political party, or political committee has its principal office.

     Section 36. The attorney general may, for the purpose of enforcing the provisions of this Act, inspect or examine any political committee or political party records required to be maintained by this Act. It is a Class 1 misdemeanor for any person having charge, control, or possession of political committee or political party records to neglect or refuse the attorney general reasonable access to any records required to be maintained by this Act which are necessary to enforce the provisions of this Act.

     Section 37. The attorney general shall keep each record inspected or examined confidential except when the records are used to enforce provisions of this Act associated with a criminal or civil action.

     Section 39. The provisions of this Act apply to each statewide office, legislative office, statewide ballot question, county offices and ballot questions in counties with population greater than five thousand according to the most recent Federal census, and school district offices and ballot questions in school districts with more than two thousand average daily membership. Any school district election covered by this Act shall conform to the contribution limits applicable to legislative offices. This Act does not apply to the unified judicial system, nor does this Act apply to any township, municipal, or special purpose district offices or ballot questions. However, the governing body of any county, township, municipality, school district, or special purpose district not otherwise covered by this Act may adopt an ordinance or resolution to make the provisions of this Act, with or without amendments, applicable to county, township, municipal, school district, or special purpose district elections.

     Section 40. The state's attorney shall investigate any violation of the provisions of this Act relating to elections for county and school district office or ballot questions, and prosecute any violation thereof. In lieu of bringing a criminal action, the state's attorney may elect to file a civil action for any violation of this Act. In a civil action, in addition to other relief, the court may impose a civil penalty in the amount provided by statute, or if not provided, in an amount not to exceed one thousand dollar for each violation. Any civil penalty recovered shall be paid to the county general fund if the violation arose out of a county office or ballot question or the school district general fund if the violation arose out of a school district office or ballot question. A civil enforcement action for a violation of the Act concerning a school district office or ballot question may, with the consent of the state's attorney, be brought by the school district's attorney. A civil action brought under this section shall be commenced in the county where filings under the Act are required, in the county where the person resides or in the county where the organization, political party, or political committee has its principal office.

     Section 41. Any statement required to be filed under this Act may be filed by facsimile device or electronic mail in accordance with the methods approved by the secretary of state. To be timely filed, any statement received by facsimile device or electronic mail shall be legible and readable when received by the means it was delivered. The original shall be filed with the secretary of state within one week following the date the facsimile or electronic mail transmission was received.

     Section 42. Any statement, form, or filing required by this Act shall be filed with the secretary of state in the case of a statewide office or legislative office election. Any statement, form, or filing required by this Act shall be filed with the county auditor in the case of a county office election, with the school business manager in the case of a school district office election, or with the person in charge of the election in the case of other political subdivisions or special purpose districts.

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     Section 15. Notwithstanding the provisions of section 39 of this Act, this section applies to all elections of the state and its political subdivisions. Any printed material or communication made, purchased, paid for, or authorized by a candidate, political committee, or political party which expressly advocates for or against a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the full name, title, and address of the person authorizing the literature or advertisement and the full name, title, and address of the person paying for the printed material or communication if other than the person authorizing the printed material or communication. This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. A violation of this section is a Class 1 misdemeanor."

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shall occur when amended by law or as otherwise appropriate. However, nothing in section 1 of this Act requires the use of a certain term if the use of the term is not consistent with the receipt of federal funds.".

Jeannette Schipper